Skip to Content
Speak to Attorney Goodman 714-266-3945
Top
Orange County DUI Checkpoints Lawyer

ORANGE COUNTY DUI CHECKPOINTS ATTORNEY

Regulations for DUI Checkpoints in California

The rules and regulations under which DUI checkpoints must be operated in the state of California were established by the California Supreme Court several years ago. They are still constitutionally recognized to this day.

These regulations pertain to aspects of the checkpoint process including:

  1. Investigating the level of intrusiveness that was involved during the sobriety stop
  2. Establishing how and when the checkpoint was operated
  3. Determining who is responsible for the decision making during the operation of a sobriety checkpoint in Fullerton or any of Orange County's surrounding areas

Receive your free initial DUI evaluation online or by calling (714) 266-3945

Renowned Success Rate

Criminal cases are often complicated. There are two sides to every story, and it is important that the court sees the situation clearly. We can help defend you in your criminal case and make sure your perspective is heard.

    "She was always easy to contact and gave me all the information that came her way."
    - Rosie C.
    "Honest, hard working, and compassion, would describe, Jacquie."
    - Dorian C.
    "She really listened and asked questions and delivered advice that was very useful."
    - Mary P.
    "I have so much respect and admiration for her - and the women in her office"
    - Caleigha C.
    "If you are looking for someone that is going to put in all of their effort and fight for the outcome you want, choose her."
    - Former Client
    "She took the time to understand our concerns an worries."
    - Joe G.
    "I felt like I was getting represented by a superstar attorney. She'll run circles around any DA."
    - Marcus W.
    "I don't know where to start. Honestly, I don't think I could possibly write anything that would come close..."
    - Sharif A.

HOW TO DEFEND YOUR DUI CASE

Knowing about the rules and regulations of California's DUI checkpoints is the most crucial component to building a case in your defense. As such, you should waste no time in aligning yourself with an experienced criminal defense attorney who can act aggressively on your behalf.

Under the guidance of an Orange County criminal lawyer at our office, your case will be in the hands of a qualified legal professional whose entire career is focused on defending the accused in Fullerton and nearby areas throughout Southern California. With years of experience working in the field of DUI defense, we know how to effectively tackle charges of this nature, thus allowing our clients to benefit from case dismissals and reduced charges from which they would not otherwise benefit.

Align yourself with an Orange County DUI Checkpoints attorney at the Law Offices of Jacqueline Goodman - call (714) 266-3945 today!

dUI CHECKPOINTS FAQ'S

Orange County, CA

In order to provide effective representation in court, the following questions will be asked, reviewed, analyzed, and challenged by our legal team as necessary.

  • Are DUI Checkpoints Legal?

    Checkpoints are legal in the state of California, but they must be conducted in a specific and lawful way. Because of the Fourth Amendment, individuals are protected from unreasonable search and seizure. Many would argue that sobriety checkpoints should be considered unlawful under this amendment, however police officers adhere to strict guidelines as a means of not over-stepping these bounds.

  • What Is the Process During a Checkpoint?

    Police officers must carefully follow a regulated process while conducting searches at DUI checkpoints. If they do not obey these regulations, any evidence collected against an individual to indicate that they were driving drunk may not be admissible in court and the individual's case may be dismissed.

    There are eight required steps officers must adhere to in order to lawfully conduct a checkpoint stop:

    1. Warning lights must be clearly visible
    2. Any decision making must be done at a supervisory level
    3. The safety of the public and officers must be put first
    4. The location of the checkpoint is determined by policy-making officials
    5. Drivers should not be detained longer than necessary
    6. Vehicles must be stopped by a neutral predetermined strategy, such as stopping every fourth car
    7. Publicly advertise the checkpoint in advanced
    8. The length of the checkpoint must be limited, enough to be effective but not intrusive
  • I Was Arrested at a DUI Checkpoint, Now What?

    Now you need an experienced DUI lawyer in Orange County to represent you. The penalties for a DUI conviction can be severe and include fines, suspensions on your license, and even jail time. A DUI can also impact your career if you are a licensed professional, such as a lawyer, nurse, or a doctor. Retaining the legal guidance of a dedicated and proven attorney can help you protect your rights and your freedom.

  • Who Was in Charge of the DUI Checkpoint at Which You Were Arrested?

    Both supervising officers and field officers can be found working at DUI checkpoints; however, only a supervising officer is legally permitted to make determinations concerning how and when a checkpoint will be operated, and under what criteria it will be permitted to stop a vehicle. Typically, the decision about where to operate a DUI checkpoint will be based upon what areas are shown to have the highest concentration level of accidents related to driving under the influence.

  • Where Was the Checkpoint Located?

    As we mentioned earlier, DUI sobriety checkpoints must be located in a reasonable area, i.e. an area that hast presented itself as one that is prone to DUI arrests and / or accidents. In addition to the reasonable qualities associated with DUI checkpoints are the safety considerations that were made (or not made) in relation to the checkpoint's location. For example, if it can be proven that a driver's safety was not properly considered when establishing the location of a DUI checkpoint, its location can be called into question.

  • Was the DUI Checkpoint Publicly Advertised?

    Prior to the date on which they occur, DUI roadblocks that serve as sobriety checkpoints must be advertised in public areas in which they can be seen by drivers in the area. Notices can appear on local law enforcement websites, on local news channels, and in local newspapers. In addition, signs warning of the checkpoint need to be made visible to drivers; these can include flashing lights, the presence of uniformed law enforcement officers, warning signs, prominent lighting, and even marked police cars.

  • If I See a Checkpoint Ahead, Can I Turn Around and Drive Away?

    If you are driving down the street and you see the lights of a sobriety checkpoint ahead, you are not legally required to drive through it. You can turn down a perpendicular street or do a U-turn to go in the opposite direction. However, you are still required to obey the laws of traffic. You are not allowed to do an illegal U-turn or drive on the opposite side of the street as a means of avoiding the checkpoint.

  • Are Drug Swabs Legal at a DUI Checkpoint?

    Using drug swabs is still new to DUI checkpoint stops. As of now the use has not been banned, but may be in the future if it is deemed to be intrusive or unlawful.

  • What Are My Constitutional Rights?

    Your rights during a checkpoint are similar to your rights when dealing with law enforcement at any moment. An officer is not lawfully able to search your vehicle without a reason to believe you are intoxicated or without your permission. If an officer beings to question you, you are not required to answer or admit any guilt.

    Within your rights, you have the right to:

    • Remain silent
    • Deny the request to search your vehicle
    • Refuse a Preliminary Alcohol Screening test
    • Refuse sobriety field tests
    • Leave the checkpoint if you do not wish to be detained

    Understanding and knowing your rights is imperative to ensuring that you are not unlawfully searched or taken advantage of. Know your rights and protect your future.

    If you were stopped at a DUI checkpoint and arrested, we urge you to contact our office today. Many defenses exist that can be used to represent your case in court, and often, to have your charges reduced are dropped altogether.

REAL PEOPLE. REAL RESULTS.

  • CASE DISMISSED
    CASE DISMISSED

    CHILD ENDANGERMENT / CRUELTY

    Penal Code 273a(b) Child endangerment/cruelty.

    + -
  • CASE DISMISSED
    CASE DISMISSED

    CHILD MOLESTATION

    Child molestation: Felony.

    + -
  • CASE DISMISSED
    CASE DISMISSED

    PROBATION VIOLATION

    PC 1203.2 Committing a new crime or violating any term or condition of probation.

    + -
  • CASE DISMISSED
    CASE DISMISSED

    ATTEMPTED MURDER OF POLICE OFFICER

    Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.

    + -
  • CASE DISMISSED
    CASE DISMISSED

    CONTEMPT OF COURT ORDER

    Contempt of court order by a gang member.

    + -
  • CASE DISMISSED
    CASE DISMISSED

    CHILD SEX ABUSE CASE

    Child Sex Abuse case dismissed.

    + -
  • State Bar Certified Specialist
  • CA Criminal Trial Lawyer of the Year
  • Past President of CA Attorneys for Criminal Justice
  • National Co-Chair Sex Crimes Defense
  • National Chair of Decarceration

Contact Us Today

If you’re facing criminal charges in Orange County, Los Angeles, or throughout California, Call (714) 266-3945; For After-Hours, You Will Be Redirected To Her Cellphone

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy